They befriended her, then stole her Idaho ranch. Couple sentenced in elder abuse case

(Idaho Statesman) — A couple spent years systematically dismantling a former elementary teacher’s life by creating a plan to gain her trust, move on her property and isolate her, according to court documents.

Now, the husband will face time behind bars.

James Dougherty, 44, and Jessica Dougherty, 43, of Boise, were sentenced for wire fraud of more than $187,000 Wednesday morning after pleading guilty through a plea agreement with prosecutors earlier this year, according to court records.

RELATED | Husband and wife plead guilty after defrauding elderly woman out of her home

United States District Judge Amanda Brailsford sentenced James to 41 months in prison and Jessica to three years of probation. Restitution will be decided at a later time, Brailsford said.

The husband and wife moved into a building on Donna Douglass’ 46-acre property on North Broken Horn Road north of Boise in 2015 to “ostensibly provide the victim with assistance with her ranch and horses in exchange for free rent,” the U.S. Department of Justice said in a news release. James Dougherty was the son of a family friend of the victim’s, the plea deal noted.

The couple began intentionally isolating Douglass, removing her means of transportation and communication.

Later that year, Douglass’ health declined, and James Dougherty “gained control of the victim’s finances, including being named as the victim’s power of attorney for finances,” the Justice Department said.

After Douglass was hospitalized, the couple would not allow her to return to the ranch. Instead, she lived at Jessica’s mother’s home, where she did not receive adequate medical assistance, according to Corey McCool, Douglass’ attorney, who specializes in representing older adults.

The Doughertys began taking money from Douglass’ accounts without her knowledge. They used the money to rehabilitate their credit until they qualified for a mortgage for the ranch, according to court records.

The U.S. Attorney’s Office said the couple sold the ranch, which was never publicly listed for sale, to themselves without the victim’s consent. They bought it for $96,085, which was just enough to clear the existing debt on the ranch, according to court documents. The Ada County Assessor’s Office valued it at more than twice that amount.

Douglass, now 81, gave an impact statement in court Wednesday morning at the James A. McClure Federal Building. She described how the Doughertys took not only her assets, bank accounts and a second mortgage in her name, but also stole some of the contents of her house, including personal items and family heirlooms.

Douglass said she had hoped to spend her retirement years at her beloved ranch, surrounded by the horses she loved. But the property damage and “years of trash” left by the Doughertys has made that impossible, according to Douglass.

“They destroyed my ranch and my home and made it unlivable at this time,” Douglass said. “I no longer have the financial means to clean the property enough to make it livable and a healthy living environment. The Doughertys have destroyed my life.”

Most distressing to Douglass was their treatment of her horses, she said. Court documents said the couple provided “inadequate health care” to them.

“My last mare, a Tennessee Walking mare, they just unlocked the gate and put her out,” Douglass said. “I have no idea where she is or if she’s even alive at this moment.”

In his own court statement, James Dougherty expressed remorse to Douglass and her family.

“The pain and hardship they have endured because of my behavior weigh heavily on me,” James said. “When I embarked on this course, I never foresaw the damage.”

Justice Department urges vigilance when it comes to elder abuse

Idaho U.S. Attorney Josh Hurwit said older adults are often targets in fraud cases, partly because they are more likely to be dealing with health or mental capacity issues, but also because they are more likely to have assets than younger people.

“In this case, for example, the victim had worked and had a really great career as a public servant, working as a teacher,” Hurwit said. “She had a lovely property that these criminals targeted her for.”

Community and connection are the best ways to prevent elder abuse, according to Hurwit. He noted that Douglass’ case drew the Justice Department’s attention only after a worried friend contacted the Ada County Sheriff’s Office. A concerned eye doctor helped Douglass obtain a cellphone, and Douglass found out her ranch had been sold only after a neighbor drove her there when the Doughertys refused, her attorney said.

“If you know someone who may be isolated or may be having a change in life circumstances or health circumstances as they age, check in with them,” Hurwit said. “They need those connections. Not everyone needs to have someone looking over their shoulder for financial transactions, necessarily, but it really helps to check in and ask questions.”

Douglass’ case was prosecuted as part of the U.S. Department of Justice’s Elder Justice Initiative, which was launched after the bipartisan Elder Abuse Prevention and Prosecution Act was signed into law in 2017. The law and initiative were put in place to increase the federal government’s focus on preventing elder abuse and exploitation, according to the Justice Department’s website.

“Elder abuse is a growing problem in our society,” McCool said. “I want to be clear that taking care of our elders is difficult. It, frankly, is no easy task. It requires diligence, dedication, and hard work. Ms. Douglas may have been difficult to take care of, but it did not give license to steal from her or to take years away from her at her ranch, which she loved the most.”

Those wanting to report elder abuse can visit justice.gov/elderjustice/roadmap or call the victim hotline at (855) 484-2846.